Legal Question in Traffic Law in New York

Police Reports Used As Valid Evidence

During an arrest for supposed DWI the Arresting Officer filled out the accompanying police report with a huge discrepancy in the timeline of the arrest. I.E. The officer wrote the ''arrest'' time as an hour before the miranda warning rights were given. There is also an argument to be made over the breath analysis results and the time line regarding that. Can a case be dismissed on the complete inaccurateness of the arresting officers police report or more importantly, the time the arrest was made, investigative questions were asked and the rights-by-law read?


Asked on 2/20/07, 4:49 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Police Reports Used As Valid Evidence

Don't beleave everything you see on TV. Maranda rights do not have to be read at the time of arrest and certain questions are exempt from the protections of Maranda. You need an attorney working on your case to answer these very complicated questions.

I would call a lawyer as soon as possible (someone who knows DWI)

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Answered on 2/20/07, 10:12 pm


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